Johnefory Earl Burton A/K/A Johnfery Earl Burton v. State of Texas

Opinion filed February 7, 2008

 

 

Opinion filed February 7, 2008

 

 

 

 

 

 

                                                                        In The

                                                                             

    Eleventh Court of Appeals

                                                                   __________

 

                                      Nos. 11-07-00137-CR & 11-07-00138-CR

                                                    __________

 

                                      JOHNEFORY EARL BURTON

                            A/K/A JOHNFERY EARL BURTON, Appellant

 

                                                             V.

 

                                        STATE OF TEXAS, Appellee

 

 

                                      On Appeal from the Criminal District Court

 

                                                       Jefferson County, Texas

 

                                          Trial Court Cause Nos. 99562 & 99961

 

 

                                                                   O P I N I O N

The trial court convicted Johnefory Earl Burton aka Johnfery Earl Burton, upon his pleas of guilty, of two offenses of burglary of a building.  Plea bargain agreements were not reached.  For each offense, the trial court assessed punishment at confinement for twenty-one months in a state jail facility.  We affirm.


In each appeal, appellant=s court-appointed counsel has filed a motion to withdraw.  The motions are supported by briefs in which counsel professionally and conscientiously examines the record and applicable law and states that he has concluded that the appeals are frivolous.  Counsel has provided appellant with copies of the briefs and advised appellant of his right to review the record and file responses to counsel=s briefs.  Responses have not been filed. Court-appointed counsel has complied with the requirements of Anders v. California, 386 U.S. 738 (1967); Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991); High v. State, 573 S.W.2d 807 (Tex. Crim. App. 1978); Currie v. State, 516 S.W.2d 684 (Tex. Crim. App. 1974); Gainous v. State, 436 S.W.2d 137 (Tex. Crim. App. 1969); Eaden v. State, 161 S.W.3d 173 (Tex. App.CEastland 2005, no pet.).

Following the procedures outlined in Anders, we have independently reviewed the record, and we agree that the appeals are without merit.  We note that counsel has the responsibility to advise appellant within five days from the date of this opinion that appellant may file petitions for discretionary review by the Texas Court of Criminal Appeals.  Tex. R. App. P. 48.4; Ex parte Owens, 206 S.W.3d 670 (Tex. Crim. App. 2006).  Likewise, this court advises appellant that he may file petitions for discretionary review pursuant to Tex. R. App. P. 66.  Black v. State, 217 S.W.3d 687 (Tex. App.CEastland 2007, no pet.).

The motions to withdraw are granted, and the judgments are affirmed.

 

 

PER CURIAM

 

February 7, 2008

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.